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06/30/83 STATE MISSOURI v. AL JUNIOR WILKERSON

June 30, 1983

STATE OF MISSOURI, PLAINTIFF-RESPONDENT
v.
AL JUNIOR WILKERSON, DEFENDANT-APPELLANT



From the Circuit Court of Greene County; Criminal Appeal; Judge James H. Keet, Jr.

Before Maus, P.j., Prewitt, Hogan, JJ.

The opinion of the court was delivered by: Hogan

A jury found defendant Al Junior Wilkerson guilty of first-degree deviate sexual assault, as defined and denounced by § 566.070.1, RSMo 1978, upon the person of a 14-year-old stepdaughter. That jury assessed defendant's punishment at confinement in the Greene County jail for a period of one year and recommended assessment of a fine of $5,000. The court sentenced defendant to serve the sentence and to pay the fine. Defendant appeals.

On April 7, 1980, the defendant "picked [the victim] up from school" and drove her to Carthage, where defendant was building a new engine for his racing vehicle. The two stayed in Carthage about two hours; it was "getting dark, or starting to get dark" when they left to go home. When the two were almost home, defendant asked the victim if she would drive, and "pulled off on a farm road."

Thereafter, according to the prosecutrix:

A. He said that I could drive if I did what he wanted me to do.

Q. And what did he want you to do?

A. He wanted me to masturbate him until he reached a climax.

Q. Now, what was your response?

A. I started crying and begged him not to make me.

Q. And what did he say or what did he do?

A. He told me I was going to drive and he laid down in the seat and pulled me down with him.

Q. And as he pulled you down in the seat with him what ...


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